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Wells v. Berryhill, 1:18-cv-1043. (2019)

Court: District Court, W.D. Arkansas Number: infdco20190318745 Visitors: 22
Filed: Mar. 15, 2019
Latest Update: Mar. 15, 2019
Summary: ORDER SUSAN O. HICKEY , Chief District Judge . Before the Court is the Report and Recommendation filed on February 28, 2019, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 18. Judge Bryant recommends that Plaintiff's Motion for Nonsuit (ECF No. 17) be granted and that this matter be dismissed without prejudice. Judge Bryant, likewise, recommends that Defendant's Motion to Dismiss for Failure to Prosecute (ECF No. 15) be denied
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ORDER

Before the Court is the Report and Recommendation filed on February 28, 2019, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 18. Judge Bryant recommends that Plaintiff's Motion for Nonsuit (ECF No. 17) be granted and that this matter be dismissed without prejudice. Judge Bryant, likewise, recommends that Defendant's Motion to Dismiss for Failure to Prosecute (ECF No. 15) be denied as moot. The parties have not filed objections to the Report and Recommendation and the time to object has passed. See 28 U.S.C. § 636(b)(1). Upon review, the Court adopts Judge Bryant's Report and Recommendation in toto. Accordingly, Plaintiff's Motion for Nonsuit (ECF No. 17) is hereby GRANTED and this matter is DISMISSED WITHOUT PREJUDICE. Likewise, Defendant's Motion to Dismiss for Failure to Prosecute (ECF No. 15) is hereby DENIED AS MOOT.

IT IS SO ORDERED

Source:  Leagle

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